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A. S. SUPEHIA, D. A. JOSHI
SPECIAL LAND ACQUISITION OFFICER – Appellant
Versus
PATEL RAMESHBHAI MANILAL – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. All the captioned First Appeals along with Cross Objections are heard and finally decided by the common judgment and order, except Special Civil Application No. 13742 of 2018, which was ordered to be heard along with present First Appeals vide order dated 10.11.2022. The same is ordered to be detached from present First Appeals along with Civil Application No. 2 of 2022.
2. First Appeals and Cross Objections emanate from judgment dated 31.7.2017 passed in Land Reference Case No. 1643 of 2011 and allied matters by Land Reference Court, Mehsana, awarding additional compensation of Rs.2707/- per sq.mtr. for road touch land and, for other lands, additional compensation of Rs.2088/- per sq.mtr. has been awarded. The land reference case arise out of the acquisition of land situated at Village-Panchot, Taluka & District-Mehsana for the public purpose for Mehsana by-pass road. Accordingly, appellant no. 1, State authority herein had acquired the lands, after undertaking necessary procedure, as prescribed under the law. Section 4 Notification under the Land Acquisition Act, 1894 (hereinafter referred to as “the Act” for the sake of brevity) was published on 11.2.
The determination of compensation in land acquisition cases should be based on a careful consideration of documentary evidence and oral testimony.
The main legal point established in the judgment is the determination of compensation for acquired lands based on evidence, settled legal principles, and comparison of valuation in different villages....
The court may consider the judgment pertaining to lands of the adjoining village and acquired for the same project for fixing the just and reasonable market value of the acquired lands.
The main legal point established in the judgment is that compensation under the Land Acquisition Act cannot be determined based on subsequent notifications for different villages, and the court must ....
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
The court ruled that compensation for land acquisition must be consistent across similar jurisdictions, applying a 30% reduction for non-municipal areas.
The court affirmed that compensation for acquired land should be calculated with a 20% deduction based on established valuation standards, modifying the Reference Court's decision to reflect correct ....
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